I suppose you can but do not see what they can do, well the Intern handling your enquiry.
This is a non immigrant visa after all, they could just deny it if pushed.
We have a thread about someone who has been gone 20 years and is looking to come home.
You are really asking what the future rules will be and I have no idea. A Reentry Permit is a temporary fix and then there is the tax issue etc.
Worst case scenario is that your Spouse can re petition you.